The following document is the minutes of the Council meeting held on 26 September 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 October 2013 and therefore subject to change.  Please refer to the minutes of 16 October 2013 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

Noel Chapman (Manager Civil Works)

Peter Baynes (Manager Assets)

 

 

PRAYER

 

Captain Nicole Viles from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 6.1 Notice of Rescission – Rescission Motion - Valla Quarry - Compliance with Consent Conditions under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for Valla Quarry in the Land and Environment Court prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 12.2 Nambucca District Water Supply Steering Committee Meeting – 4 September 2013 under the Local Government Act as Cr MacDonald’s employers are the fuel suppliers for several of the dam contractors.  Cr MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 12.3 GHD Construction Phase Fee Variation – Bowraville Off River Storage Project under the Local Government Act as Cr MacDonald’s employers are the fuel suppliers for several of the dam contractors.  Cr MacDonald left the meeting for this item.

 

Councillor B Finlayson declared a pecuniary interest in Item 12.2 Nambucca District Water Supply Steering Committee Meeting – 4 September 2013 under the Local Government Act as Cr Finlayson owns property downstream.  Cr Finlayson left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 September 2013

 

1/13 RESOLVED:  (South /Flack)

 

That the minutes of the Ordinary Council Meeting of 11 September 2013 be confirmed.

 

 

 

PUBLIC FORUM

 

RESOLVED: That the following public forum be heard:

 

1            Ray Williams – President of the Warrell Creek Hall Committee of Management

 

·              Welcome to Councillors and Scott Norman

·              Thank you for assistance with grant funding for the Warrell Creek Hall

 

2        Mr Barry McDonald - community war memo on behalf of Macksville Sub Branch RSL

 

Mr McDonald addressed Council making the following points:

 

·             Thanks for Council waiving DA fees

·             No grant available in relation to application

·             DVA grant available after commencement

·             Funds coming out of Macksville RSL coffers

·             Age of members means they can’t accept ongoing responsibilty

·             When completed belongs to members of the community

·             Therefore unable to sign a Memorandum of Understanding

·             In future will only be one sub branch in valley

·             Will oversee maintenance

·             Have funds to continue

·             Wish to hold 2014 Anzac Day service at new site

 

2/13 Resolved: (Ainsworth/Morrison)

 

That a report be brought back to Council on a Memorandum of Understanding and how Council can assist the Macksville RSL Sub Branch.

 

 

 

Cr Hoban left the meeting for the Item 6.1 at 5.55 pm and returned after the conclusion of the Item at 6.22 pm.

Cr Ainsworth took the Chair for the duration of Cr Hoban’s absence.

 

Notices of Rescission

 

ITEM 6.1     SF1817              260913     Notice of Rescission - Rescission Motion – Valla Quarry Compliance With Consent Conditions (SF1431)

MOTION:    (Flack/Smyth)

 

That Council rescind point 2 of Motion 41/13 namely: that Council provide the quarry operators with 28 days to lodge an application to modify the development consent or otherwise Council will undertake legal action.

 

For the Motion:                        Councillors Flack, Smyth, Morrison, Ballangarry             Total 4

Against the Motion:         Councillors Finlayson, South, MacDonald, Ainsworth      Total 4

 

Acting Mayor used his casting vote and the Motion was LOST

 

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.1     SF1817              260913     Notice of Motion - Pilot Program to Encourage Councils to Support Small Business (SF661)

3/13 Resolved:  (Morrison/Smyth)

 

That Council write to the NSW Small Business Commissioner, Yasmin King, and ask her if we too can be included in the 12 months forthcoming Pilot Program which would provide a suitable example of a small North Coast Council with a pristine environment, attractive rivers with great tourist and retirement potential.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.2     SF1817              260913     Notice of Motion - Disposal of Council Owned Surplus Materials and Small Equipment (SF987)

4/13 Resolved: (Hoban/Flack)

 

That Council receive a report on the possibility of conducting a public auction to dispose of surplus material and small equipment at Council’s Works depot.

 

 

  

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for Closed Meeting where due Notice has been received.

 

 

 

General Manager Report

 

ITEM 10.1   SF830                260913     Election of Deputy Mayor

5/13 RESOLVED: (Finlayson/MacDonald)

 

1        That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2        That nominations be invited and received by the General Manager as returning Officer for the election of Deputy Mayor.

 

3        That the election of Deputy Mayor proceeds.

 

4        That following the election, the Mayor declared Cr John Ainsworth elected as Deputy Mayor for the term of office expiring September 2014.

 

5        The Division of Local Government be advised of the outcome of the election and Council’s website be updated.

 

 

 

ITEM 8.1     SF959                260913     Outstanding Actions and Reports

6/13 Resolved: (South/Flack)

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 7/13 Resolved: (Morrison/Ainsworth)

 

That Outstanding Action and Reports Item 15, SF1031 be deferred to the first meeting in November 2013 to allow Cr Morrison to speak to the Report.

 

 

 

ITEM 10.2   SF1851              260913     Management of Development, Environment & Community Services

8/13 Resolved: (Finlayson/Ainsworth)

 

That Council adopt the organisation structure shown in the draft organisation structure chart.

 

 

 

ITEM 10.3   DA2012/108       260913     DA2012/108 Residential Flat Building 4 Fraser St Nambucca Heads Section 64 & 94 Contributions - Credits & Prepaid

9/13 Resolved: (Finlayson/Ainsworth)

 

1        That Council recognise previous Section 64 & 94 payments already paid to the sum of $13,509 and $11,347 respectively and subtract from the total payments to be made for DA2012/108.

 

2        That Council recognise credits for the old Max Motel (9x1 units & 1x3 bedroom caretakers cottage) which stood on this site of $86,458.71 (Sect 64) and $9171 (Sect 94).

 

Mr Peterson addressed Council making the following points:

  • Application to Modify has been lodged
  • Figures correct and will receive credits

 

For the Motion:                        Councillors Hoban, Ainsworth, Ballangarry, Finlayson, Flack, MacDonald, Morrison, Smyth South            Total 9

Against the Motion:         Nil

 

 

 

ITEM 10.4   SF344                260913     Warrell Creek Hall Committee of Management AGM - 4 September 2013 - Minutes

10/13 Resolved:         (Flack/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall’s Annual General Meeting held on 4 September 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5   SF251                260913     Matters raised in relation to Grant Status Report of 11 September 2013

11/13 12/13 Resolved:         (Ainsworth/Flack)

 

That Council note the information provided.

 

 

 

ITEM 10.6   SF976                260913     Council Seal Requirement for Local Infrastructure Renewal Scheme 2

13/13 Resolved:         (Flack/Smyth)

 

That Council resolve to attach its seal to the NSW Local Infrastructure Renewal Scheme Application – Round Two – LIRS funding agreement so that the funding agreement can come into effect.

 

 

 

ITEM 10.7   SF1761              260913     Financial Report - Statement By Councillors and Management - 30 June 2013

14/13 Resolved:         (Ainsworth/Ballangarry)

 

1        That the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2        That the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

 

 

General Manager Report – LATE

 

ITEM 10.8   SF1761              260913     Primary Financial Statements 2012/2013

15/13 Resolved:         (Finlayson/South)

 

For Council’s information in relation with Item 10.7 - Financial Report – Statement by Councillors and Management – 30 June 2013.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 11.1   SF251                260913     Schedule of Council Public Meetings

16/13 Resolved:         (Ainsworth/Flack)

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

ITEM 11.2   SF1823              260913     Applications and Statistical Reports 2012-2013 - August 2013

17/13 Resolved:         (Smyth/Ballangarry)

 

1          That Council note development application statistics and processing times for 2013 compared with 2012.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

 

 

ITEM 11.3   SF1823              260913     Outstanding DA's greater than 12 months, applications where submissions received not determined to 1-13 September 2013

18/13 Resolved:         (MacDonald/Flack)

 

That the applications where submissions have been received be noted and received for information by Council.

 

 

 

ITEM 11.4   SF1148              260913     Contract Regulatory Officer's Report August 2013

19/13 Resolved:         (Ainsworth/Morrison)

 

That the report from the Contract Regulatory Officer for August 2013 be received and noted by Council.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 12.1   SF1810              260913     Progress Report on Biodiversity Fund Project on the Nambucca Coastline

20/13 Resolved:         (Flack/Ballangarry)

 

That Council note the information provided in regards to the progress of the Biodiversity Fund Project that is protecting various coastal ecosystems including Ecological Endangered Communities and Threatened Species.

 

 

 

Cr MacDonald left the meeting for this Item at 6.54 pm and returned after the conclusion of Item 12.3 at 7.07 pm

Cr Finlayson left the meeting for this Item at 6.58 pm and returned after the conclusion of this Item at 7.06 pm

 

ITEM 12.2   SF844                260913     Nambucca District Water Supply Steering Committee Meeting - 4 September 2013

Motion:    (Ainsworth/Morrison)

 

1        That Council adopt the minutes of the Water and Sewerage Steering Committee meeting held on 4 September 2013.

 

2            That Council take no further action in regard to the proposal to make a submission to the NSW Office of Water requesting a relaxation of the water extraction licence during the initial filling of the off river storage.

 

Amendment:      Flack/Smyth

 

1        That Council adopt the minutes of the Water and Sewerage Steering Committee meeting held on 4 September 2013.

 

2        That Council seek a more detailed report on the cost/benefit of the relaxation of the water extraction licence during the initial filling of the dam.

 

The amendment was carried and became the motion and it was:

 

21/13 Resolved:         (Flack/Smyth)

 

1        That Council adopt the minutes of the Water and Sewerage Steering Committee meeting held on 4 September 2013.

 

2        That Council seek a more detailed report on the cost/benefit of the relaxation of the water extraction licence during the initial filling of the dam.

 

 

 

ITEM 12.3   SF1811              260913     GHD Construction Phase Fee Variation - Bowraville Off River Storage Project

22/13 Resolved:         (Ainsworth/Finlayson)

 

1        That Council approve the proposed variation of $273,343 excluding GST to the Upper Limit Fee for the construction phase monitoring provided by GHD.

 

2        That Council note that the total Upper limit Fee will be $917,841 excluding GST as a result of variations for essential works already approved.

 

3        That Council approve the additional costs be allocated from the existing contingency provision within the contract.

 

4        That Council also note that due to the nature of the works involved GHD may be entitled to payment for further variations due to a requirement for additional works that were unforeseen at the time this revised fee proposal was prepared and assessed.

 

 

 

ITEM 12.4   SF1676              260913     Capital Works Report - 1 April - 30 June 2013

23/13 Resolved:         (MacDonald/Ainsworth)

 

1             That the Capital Works Report for the period 1 April 2013 to 30 June 2013 be received and noted.

 

2             That the proposed variations and revotes be endorsed and included in the June 2013 budget review.

 

3             That the Assistant General Manager Engineering Services pass on Councillors appreciation to staff in the reduction on revotes.

 

    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.13 pm. 

 

Confirmed and signed by the Mayor on 16 October 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)